Gilpin v. Sierra Nevada Consolidated Mining Co.
Idaho Supreme Court
APPEAL from District Court, Shosbone County. No briefs found on file. The complaint shows the plaintiff to he the owner, and entitled to the possession, of one compact piece of mining lands in the Yreka mining district, Shoshone county, Idaho territory, embraced within the outer boundary lines of three contiguous mining claims, called the “Apex,” the “Rambler,” and the “Tip Top,” all constituting the plaintiff’s said mining grounds; that while the plaintiff was so in…
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APPEAL from District Court, Shosbone County. No briefs found on file. The complaint shows the plaintiff to he the owner, and entitled to the possession, of one compact piece of mining lands in the Yreka mining district, Shoshone county, Idaho territory, embraced within the outer boundary lines of three contiguous mining claims, called the “Apex,” the “Rambler,” and the “Tip Top,” all constituting the plaintiff’s said mining grounds; that while the plaintiff was so in possession, on the 29th of October, 1888, the defendant, a corporation, entered upon such grounds of the plaintiff, and with…
1Opinion of the CourtBerry, J.
(After Stating the Facts). — There are three principal points in this case: 1. Is the plaintiff the owner of the mining grounds claimed by him, so as to be entitled to invoke the aid of this court to prevent the acts complained of ? 2. Is *701tbe injury alleged of such a character as to warrant the exercise of the equity power of the court? And 3. Is such injury, in fact, threatened or being done ?
As to the question of nonjoinder of parties plaintiff, that is not properly in issue on an application for an injunction against ..the acts of a stranger to the property threatened with injury. A party…
2Cited by24 opinions
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- Benton v. JohncoxWashington Supreme Court · 1897
- Willey v. DeckerWyoming Supreme Court · 1903
- Walsh v. WallaceNevada Supreme Court · 1902
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